Regulation 27 Transparency noticesI1

England and Wales

(1)

This regulation sets out other information which must be included in a transparency notice published under section 44(1) of the 2023 Act.

(2)

The information is—

(a)

the contracting authority information,

(b)

the title of the procurement,

(c)

the unique identifier for the procurement,

(d)

in the case of a procurement where there has been a switch to a direct award in accordance with section 43 of the 2023 Act, the unique identifier allocated to the procurement before the switch to direct award,

F1(da)

in the case of a procurement where the direct award justification at paragraph 8 of Schedule 5 to the 2023 Act applies, the unique identifiers of the earlier competitive tendering procedure (that is the procurement identifier) and the earlier contract referred to in paragraph 8(a) of Schedule 5,

(e)

the unique identifier for the contract, if this is known when the transparency notice is published,

(f)

the contract subject-matter,

(g)

whether the contract is a special regime contract and, if so, whether it is—

(i)

a concession contract,

(ii)

a light touch contract, or

(iii)

a utilities contract,

(h)

whether the contract is being awarded directly to a supplier that is not an excluded supplier because a direct award justification applies in accordance with section 41(1)(a) of the 2023 Act,

(i)

if sub-paragraph (h) applies, the direct award justification in Schedule 5 to the 2023 Act which applies and an explanation of why the contracting authority considers that it applies,

(j)

whether the contract is being awarded directly to a supplier that is an excluded supplier because the contracting authority considers that there is an overriding public interest in awarding the contract to that supplier in accordance with section 41(2) to (5) of the 2023 Act,

(k)

if sub-paragraph (j) applies—

(i)

the offence or other event mentioned in Schedule 6 to the 2023 Act by virtue of which the supplier is an excluded supplier, F2...

(ii)

which ground in section 41(5) of the 2023 Act applies and an explanation of why the contracting authority considers that it applies, F3 and

(iii)

the direct award justification in Schedule 5 to the 2023 Act which applies and an explanation of why the contracting authority considers that it applies,

(l)

whether the contract is being awarded directly to a supplier pursuant to regulations made under section 42 of the 2023 Act (direct award to protect life, etc.),

(m)

if sub-paragraph (l) applies, the title and registration number of the statutory instrument containing those regulations,

(n)

whether the contract is being awarded directly to a supplier that is not an excluded supplier by virtue of section 43 of the 2023 Act (switching to direct award),

(o)

if sub-paragraph (n) applies, the reason the contracting authority considers there were no suitable tenders or requests to participate by reference to section 43(2) of the 2023 Act and why it considers that an award under section 19 of that Act is not possible in the circumstances,

(p)

whether the contract is being awarded by reference to lots and, if so—

(i)

the title of each lot, and

(ii)

the distinct number given to each lot by the contracting authority,

F4(pa)

a description of any option which will be included in the contract—

(i)

to supply additional goods, services or works, or

(ii)

to extend or renew the term of the contract,

(q)

the estimated value of the contract,

(r)

whether the contracting authority considers that the contract or any lot forming part of the contract may be particularly suitable to be awarded—

(i)

to a small and medium-sized enterprise, or

(ii)

to a non-governmental organisation that is value-driven and which principally reinvests its surpluses to further social, environmental or cultural objectives,

(s)

a description identifying any risk that—

(i)

the contracting authority considers could jeopardise the satisfactory performance of the contract, but because of its nature, may not be addressed in the contract as awarded, and

(ii)

may require a subsequent modification to the contract under paragraph 5 of Schedule 8 to the 2023 Act (modification of contract following materialisation of a known risk),

(t)

whether suppliers have been selected for the award of the contract,

(u)

if suppliers have been selected for the award of the contract, for each supplier selected—

(i)

the supplier’s name,

(ii)

either—

(aa)

the unique identifier for the supplier, or

(bb)

in the case of a direct award of a public contract pursuant to paragraphs 13 and 14 of Schedule 5 to the 2023 Act (urgency) where the supplier has not been allocated a unique identifier when the transparency notice is published but can instead provide unique information (for example a company registration number given under the CA 2006) which can be recognised by the central digital platform as the basis for a unique identifier allocated by that platform, that unique information, and

(iii)

the supplier’s contact postal address and email address,

(v)

the estimated date when the contract will be entered into, and

(w)

where the contract is a framework—

(i)

the term of the framework,

(ii)

whether the framework provides for fees to be charged to a supplier in accordance with the framework and, if so, details of the fixed percentage by which they will be charged in accordance with section 45(7) of the 2023 Act, and

(iii)

the contracting authorities entitled to award contracts in accordance with the framework (whether by listing the names of those authorities or by describing categories of authorities).

(3)

Nothing in this regulation prevents a contracting authority from publishing other information that relates to the same procurement in the notice.

Annotations

Textual amendments

F1: Reg. 27(2)(da) inserted (24.2.2025) by The Procurement (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/181), regs. 1(2), 5(7)(a)
F2: Word in reg. 27(2) omitted (24.2.2025) by virtue of The Procurement (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/181), regs. 1(2), 5(7)(b)
F3: Reg. 27(2)(k)(iii) and word inserted (24.2.2025) by The Procurement (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/181), regs. 1(2), 5(7)(c)
F4: Reg. 27(2)(pa) inserted (24.2.2025) by The Procurement (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/181), regs. 1(2), 5(7)(d)

Commencement

I1: Reg. 27 in force at 24.2.2025, see reg. 1(2)